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Articles 1 - 7 of 7
Full-Text Articles in Law
Unearthed: Advocating Against Fracking And Breaking The Bond Of The Imagined World Order, Colleen E. Cloonan
Unearthed: Advocating Against Fracking And Breaking The Bond Of The Imagined World Order, Colleen E. Cloonan
ENV 434 Environmental Justice
While discussing the imagined world order, it is evident that the world is not perfect. Over the course of the centuries, the earth has been maimed by humans, whether it be during the agricultural age or throughout the process of industrialization into the modern era. Humans must realize that sooner, rather than later, we must address the environmental destruction we are causing. A specific case, with that such as hydraulic fracturing of shale, otherwise known as fracking, provides as an example of one of the environmental justice issues that is plaguing the earth. However, there are complications. In the consumer …
Rape And Sexual Violence: Questionable Inevitability And Moral Responsibility In Armed Conflict, Katherine W. Bogen
Rape And Sexual Violence: Questionable Inevitability And Moral Responsibility In Armed Conflict, Katherine W. Bogen
Scholarly Undergraduate Research Journal at Clark (SURJ)
Wartime sexual violence is a critical human rights issue that usurps the autonomy of its victims as well as their physical and psychological safety. It occurs in both ethnic and non-ethnic wars, across geographic regions, against both men and women, and regardless of the “official” position of commanders, states, and armed groups on the use of rape as tactic of war. This problem is current, pervasive, and global in spite of the status of wartime sexual violence perpetration as a crime against humanity and the capacity of the international criminal court to indict offenders. Though some scholars have argued that …
The Variation In The Use Of Sub-Regional Integration Courts Between Business And Human Rights Actors: The Case Of The East African Court Of Justice, James T. Gathii
The Variation In The Use Of Sub-Regional Integration Courts Between Business And Human Rights Actors: The Case Of The East African Court Of Justice, James T. Gathii
Faculty Publications & Other Works
No abstract provided.
The Transformative Influence Of International Law And Practice On The Death Penalty In The United States, Richard Wilson
The Transformative Influence Of International Law And Practice On The Death Penalty In The United States, Richard Wilson
Contributions to Books
No region of the world has been more vocal and persistent in its opposition to U.S. death penalty practice than Europe, which has itself become a death penalty-free zone. The chapter will examine the actions taken by European legislative and judicial bodies against U.S. practice of the death penalty, as well as those of the other regional treaty bodies, with particular attention to the Inter-American human rights system, in which the U.S. reluctantly participates. It then will examine U.S. interactions with its treaty partners in the area of extradition, where death penalty policy is acted out in the exchanges of …
The Human Rights Of Sea Pirates: Will The European Court Of Human Rights Decisions Get More Killed?, Barry Hart Dubner, Brian Othero
The Human Rights Of Sea Pirates: Will The European Court Of Human Rights Decisions Get More Killed?, Barry Hart Dubner, Brian Othero
Faculty Scholarship
No abstract provided.
Australians' "Right" To Be Bigoted: Protecting Minorities' Rights From The Tyranny Of The Majority, Jillian Rudge
Australians' "Right" To Be Bigoted: Protecting Minorities' Rights From The Tyranny Of The Majority, Jillian Rudge
Brooklyn Journal of International Law
Australia’s Racial Discrimination Act (RDA) is a federal statute prohibiting behavior that offends, insults, humiliates, or intimidates people based on their race, nationality, ethnicity, or immigration status. It appropriately limits the right to freedom of expression where the exercise of that right encroaches on other, equally fundamental rights to equality and freedom from discrimination. The RDA is one of Australia’s few human rights laws focused on fighting racism. It is especially important for protecting the rights of minorities since Australia lacks a constitutional or federal bill of rights. Unfortunately, in 2014 and 2015, conservative politicians called for a repulsion of …
Of Human Dignities, Mark L. Movsesian
Of Human Dignities, Mark L. Movsesian
Faculty Publications
This paper, written for a symposium on the 50th anniversary of Dignitatis Humanae, the Catholic Church’s declaration on religious freedom, explores the conception of human dignity in international human rights law. I argue that, notwithstanding a surface consensus, no generally accepted conception of human dignity exists in contemporary human rights law. Radically different understandings compete against one another and prevent agreement on crucial issues. For example, the Catholic Church, the Russian Orthodox Church, and the Organization of Islamic Cooperation favor objective understandings which, although they differ among themselves, all tie dignity to external factors beyond personal choice. By contrast, many …